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When a tree falls and causes injury, it can raise difficult questions about responsibility. Property owners, government entities, and even insurance companies may all play a role in determining who is financially liable. In California, liability often depends on where the tree was located, whether there were warning signs of danger, and what steps were taken, or not taken, to prevent the accident.
Liability Factors in Tree-Related Injuries
Courts look at several factors when deciding liability for falling tree injuries:
- Knowledge of the hazard: Did the property owner know, or should they have known, that the tree was unsafe?
- Reasonable maintenance: Was the tree inspected, trimmed, or removed if it posed a clear danger?
- Cause of the fall: Was the tree weakened by disease, poor soil, or a severe storm?
- Control over the property: The party responsible for maintaining the land typically bears responsibility.
If an owner ignored warning signs, like large cracks, dead branches, or a leaning trunk, they may be held liable for injuries caused by the fall.
Insurance Coverage for Tree Accidents
Homeowners and commercial property insurance often cover tree-related incidents, but coverage varies depending on the situation.
- If the tree was healthy but fell during a major storm, insurers may classify it as an “act of God,” limiting coverage.
- If the tree was clearly neglected, the property owner’s liability insurance may cover injuries and damages.
- Vehicle damage from a fallen tree is usually handled under comprehensive auto insurance.
Victims may face pushback from insurers, who sometimes argue that the fall was unavoidable. An attorney can step in to challenge those denials and pursue fair compensation.
Property Maintenance Duties
California law places a duty on property owners to keep their land reasonably safe for visitors, neighbors, and the public. This includes maintaining trees. Regular pruning, removal of dead branches, and professional inspection of older or diseased trees are considered part of that duty.
Failing to act when a tree shows clear signs of danger may be viewed as negligence. For example, if a homeowner ignores repeated warnings from neighbors about a rotting tree that later injures someone, that owner could be held responsible.
Public vs. Private Property Liability
Liability shifts depending on where the tree is located:
- Private property: Homeowners, landlords, or businesses are generally responsible for tree care. If a tree on their property injures a visitor or neighbor, they may be liable.
- Public property: When trees on city streets, parks, or government-owned land fall, the responsible municipality may face liability. However, claims against government entities require following strict procedures and short filing deadlines under the California Tort Claims Act.
Legal Precedents in California
California courts have dealt with many cases involving tree accidents. A common theme is whether the property owner had notice of the danger. If a tree appeared healthy and suddenly fell, liability may be harder to prove. But if there were clear warning signs, courts have often sided with victims, emphasizing the duty to take preventive action.
For public entities, liability usually depends on whether the city or county knew, or should have known, about the dangerous condition and failed to correct it in time.
Legal Options for Victims
If you or a loved one has been injured by a falling tree, several legal options may be available:
- Filing a claim with the property owner’s insurance to cover medical bills, lost income, and other damages.
- Pursuing a personal injury lawsuit if the insurance company denies coverage or offers an unfair settlement.
- Filing a government claim if the tree was on public property. This step must usually be taken within six months of the accident.
An attorney can help gather evidence, such as arborist reports, witness statements, and maintenance records, to prove negligence and secure fair compensation.
Protecting Your Rights After a Tree-Related Injury
Falling tree injuries can leave victims with serious medical bills and long recoveries. Determining liability often involves examining property records, maintenance history, and insurance coverage. Whether the tree stood on private or public property, you have the right to pursue compensation when negligence is involved.
At Casper, Meadows, Schwartz & Cook, we have decades of experience holding negligent property owners and government agencies accountable. If you’ve been injured by a falling tree in California, contact us today to discuss your legal options and learn how we can help you recover the compensation you deserve.